SF 2200

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to drivers' licenses; modifying requirements for operation of motor
vehicle by holder of provisional license; amending Minnesota Statutes 2006,
section 171.055, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

(a) A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.

(b) A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.

(c) If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.

new text begin (d) During the first year after receiving the license, a provisional license holder
under the age of 18 is subject to restrictions as follows:
new text end

new text begin (1) the holder of the license may not operate a motor vehicle between the hours of
12:00 a.m. and 5:00 a.m., except:
new text end

new text begin (i) between home and place of employment;
new text end

new text begin (ii) between home and a school event for which no other transportation is available;
new text end

new text begin (iii) for employment purposes; or
new text end

new text begin (iv) when accompanied by a licensed driver who is at least 25 years of age;
new text end

new text begin (2) except as provided in clauses (3) and (4), for the first six months after issuance
of the license the holder of the license may not operate a motor vehicle that is carrying a
passenger under 20 years of age who is not a member of the holder's immediate family,
and for the second six months the holder of the license may not operate a motor vehicle
that is carrying more than three passengers who are under 20 years of age and who are not
members of the holder's immediate family;
new text end

new text begin (3) clause (2) does not apply to the holder of a provisional driver's license who:
new text end

new text begin (i) is employed by a farmer, orchardist, or viniculturist;
new text end

new text begin (ii) is operating solely for employment purposes, a motor vehicle that is owned by
the employer;
new text end

new text begin (iii) is transporting passengers who are employed by the same employer as the driver
and who are being transported solely for employment purposes;
new text end

new text begin (iv) is not transporting more passengers than the number of available seat belts; and
new text end

new text begin (v) has in the vehicle a written statement signed by the employer certifying that the
driver is employed by the employer and that there is no other option for transporting
the employees; and
new text end

new text begin (4) clause (2) does not apply to the holder of a provisional driver's license who is
operating a motor vehicle with:
new text end

new text begin (i) an instructor in the vehicle as part of a certified traffic safety education course; or
new text end

new text begin (ii) a person in the vehicle who has valid driving privileges and who is the parent
or stepparent of the holder of the license.
new text end